S. K. INDUSTRIES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ld. APP waives Rule for the respondent State.

(2.) By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner being an authorized person of S.K. Industries, challenges the impugned orders dtd. 26/10/2021 and 8/12/2021 passed by the Courts below, rejecting the release of muddamal - base oil.

(3.) The petitioner herein is in business of import and trading of base oil. The seized base oil, imported after completion of mandatory process as contemplated under the Customs Act and Rules thereof. On 7/9/2021, goods reached to Kandla Port and thereafter, the same was transported in four tankers from Kandla Port to the C Oil Exim Pvt. Ltd., Bhachau, Kachchh, for the purpose of storage of the goods, for which e-challan was obtained. Before it could reach at the destination, the police detained the vehicles and base oil on the ground that, it has been transported without requisite licenses and no objections and thereby, committed an offence under Ss. 285 , 278 and 114 IPC and Sec. 3 , 7 and 11 of the Essential Commodities Act, for which, FIR came to be registered and accordingly, vehicle as well as base oil have been seized. The petitioner herein moved an application before the trial Court for releasing of muddamal, which came to be rejected vide order dtd. 26/10/2021 and the same was challenged before the Sessions Court concerned by preferring Revision Petition, which came to be rejected vide order dtd. 8/12/2021. Aggrieved with the impugned orders passed by the Courts below, petitioner has come up before this Court.